Read The following table indicates the changes that would be effected by the Treaty of Lisbon to the main EC Treaty articles covered in this book text version

Hargreaves: EU Law Concentrate

Treaty of Lisbon: Table of Equivalence

The following table indicates the changes that would be effected by the Treaty of Lisbon to the main EC Treaty articles covered in the book. It will be apparent that the amendments to procedural and internal market provisions are rarely significant. The table shows amendments to the EC Treaty, renamed the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU). Note that some current EC Treaty articles would be moved to the TEU. Revision tip: You will find it helpful to refer back to this table as you work through the book. Current Article: EC Treaty Article 3(1)(g) EC Summary of the provision The activities of the Community include `a system ensuring that competition in the internal market is not distorted' Member States must ensure fulfilment of the obligations arising out of the Treaty `Any discrimination on grounds of nationality shall be prohibited' Definition of the internal market Citizenship of the Union established Right of citizens of the Union to reside and move freely within the Member States Prohibition of customs duties and charges having equivalent effect Prohibition of quantitative restrictions and measures having equivalent effect Derogation: free movement of goods Free movement of workers Freedom of establishment Freedom of establishment: derogation for the exercise of official authority New numbering: TFEU Article 3(1)(b) TFEU Amendment

The Union shall have exclusive competence in `the establishing of the competition rules necessary for the functioning of the internal market'

Article 10 EC

Article 12 EC Article 14 EC Article 17 EC Article 18 EC

Repealed and replaced by new Article 3a TEU. Article 18 TFEU Article 26 TFEU Article 20 TFEU Article 21 TFEU

No significant amendment

No significant amendment

No significant amendment No significant amendment No significant amendment

Article 25 EC Article 28 EC

Article 30 TFEU Article 34 TFEU

No significant amendment

No significant amendment

Article 30 EC Article 39 EC Article 43 EC Article 45 EC

Article 36 TFEU Article 45 TFEU Article 49 TFEU Article 51 TFEU

No significant amendment No significant amendment No significant amendment No significant amendment

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Article 46 EC Freedom of establishment: limitations on grounds of public policy, public security or public health Freedom to provide services Definition of `services' Freedom to provide services: limitations; mutual recognition of diplomas Competition rules: prohibition of restrictive arrangements between undertakings Competition rules: prohibition of abuse of a dominant position Prohibition of discriminatory internal taxation The European Council Article 52 TFEU No significant amendment

Article 49 EC Article 50 EC Article 55 EC

Article 56 TFEU Article 57 TFEU Article 62 TFEU

No significant amendment No significant amendment No significant amendment

Article 81 EC

Article 101 TFEU

No significant amendment

Article 82 EC Article 90 EC [Article 4 TEU]

Article 102 TFEU Article 110 TFEU New Articles 13 and 15 TEU

No significant amendment

No significant amendment

Article 189201 EC

The European Parliament

Articles 202-210 EC

The Council

Some provisions repealed and replaced by new Articles 11 and 14 TEU. Others renumbered Articles 223236 TFEU Some provisions repealed and replaced by new Article 16 TEU. Others renumbered Articles 237243 and 290291 TFEU

The European Council to be a full Union institution (new Article 13 TEU). Creation of a new permanent position of President of the European Council. The post-holder, elected by the European Council for two and a half years, would chair European Council meetings, which would be held four times a year (new Article 15 TEU). Maximum number of MEPs raised to 751, no Member State having more than 96 or less than 6 MEPs.

Amendments to the system of qualified majority voting (QMV); extension of QMV to more policy areas.

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Articles 211-219 EC The European Commission Some provisions repealed and replaced by new Article 17 TEU. Others renumbered Articles 244250 TFEU Some provisions repealed and replaced by new Article 19 TEU. Others renumbered Articles 251257 TFEU From 2014, reduction in the number of Commissioners from one per Member State to two thirds of the number of Member States, by rotation (new Article 17 TEU).

Articles 220- 225a

The European Court of Justice

Article 226 EC

Article 227 EC

Article 228 EC

Article 230 EC

Action for enforcement of Treaty obligations against a Member State brought by the Commission Action for enforcement of Treaty obligations against a Member State brought by other Member States Fines may be imposed on a Member State that fails to comply with a judgment under Article 226 or 227 EC Action for annulment of Community acts.. `Any legal or natural person may...institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former' Action for failure to act

Article 258 TFEU

The Court of Justice, the Court of First Instance and the judicial panels renamed, respectively, the `Court of Justice of the European Union', the `General Court' and the `specialised courts' (new Article 19 TEU). A panel made up of former members of the European courts, members of national supreme courts and other lawyers set up to advise on the suitability of candidates for the office of judge or A-G before appointment (Article 255 TFEU). No significant amendment

Article 259 TFEU

No significant amendment

Article 260 TFEU

No significant amendment

Article 263 TFEU

Article 232

Article 265

Amended: `Any natural or legal person may institute proceedings.... against an act addressed to that person or which is of direct and individual concern to him or her, and against a regulatory act which is of direct concern to him or her and does not entail implementing measures.' Acts that can be reviewed include acts of the European Council and of bodies, offices or agencies of the Union. The Committee of the Regions is added to the list of semi-privileged applicants. The European Central Bank is

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Hargreaves: EU Law Concentrate

EC TFEU added to the list of bodies against whom the Member States and the institutions of the Union may bring a complaint. Any legal or natural person can complain to the Court of Justice that an institution, body, office or agency of the Union has failed to act. Added: jurisdiction of the Court of Justice to give preliminary rulings on the validity or interpretation of the acts of the institutions, bodies, offices or agencies of the Union. If such a question is raised with regard to a person in custody, the Court of Justice shall act with the minimum of delay. Added: plea may be brought against an act of general application adopted by an institution, body, office or agency of the Union No significant amendment No significant amendment

Article 234 EC

Preliminary rulings

Article 267 TFEU

Article 241 EC

Plea of illegality

Article 277 TFEU

Article 249 EC Article 288 EC

Definition of regulations, directives and decisions Community liability

Article 288 TFEU Article 340 TFEU

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The following table indicates the changes that would be effected by the Treaty of Lisbon to the main EC Treaty articles covered in this book

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